A J Choksi vs Gujarat Industrial Investment ...
2023 Latest Caselaw 6199 Guj

                                                                                    NEUTRAL CITATION




       C/CA/2482/2022                                ORDER DATED: 23/08/2023

                                                                                     undefined




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 2482 of 2022
                         In F/FIRST APPEAL NO. 24091 of 2022
================================================================
                            A J CHOKSI
                               Versus
       GUJARAT INDUSTRIAL INVESTMENT CORPORATION LIMITED
================================================================
Appearance:
MR KUNAL P VAISHNAV(5111) for the Applicant(s) No. 1,2,3,4
MS MEGHA JANI(1028) for the Respondent(s) No. 1
================================================================
     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE DEVAN M. DESAI
                        Date : 23/08/2023
                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE DEVAN M. DESAI)

Heard learned advocate Mr. Kunal P. Vaishnav for the applicants and learned advocate Ms. Megha Jani for the respondent.

2. The learned advocate for the applicant submits that the First Appeal is filed against the judgment and decree dated 18.12.2017 passed by the Commercial Court, Ahmedabad (Below Exh.63) in Commercial Suit No.86 of 2016. It is further submitted by learned advocate for the applicant that the applicant came to know about the judgment and decree when the notice of execution was issued on 05.03.2022. Thereafter, the applicants through their advocate applied for certified copy of the judgment and decree and the decision to file First Appeal was taken.

3. On the other hand, learned advocate for the respondent has vehemently objected to the granting of the said application and has

NEUTRAL CITATION

C/CA/2482/2022 ORDER DATED: 23/08/2023

undefined

submitted that the applicant has not shown sufficient cause for the condonation of delay and the applicants were in complete knowledge of the proceedings of the suit. Hence, in view of lack of sufficient cause, this application deserves to be dismissed.

4. Having considered the averments made in the application and submissions canvassed by learned advocates for the respective parties, it is found that the applicant was served with the notice / summons of the Commercial Civil Suit and has also taken part in the proceedings by making application for reopening to file Written Statement. The stage for filing Written Statement was opened by the learned trial Court.

4.1. However, to meet the ends of justice and to strike the balance of equity, the delay in filing First Appeal is condoned on some conditions. The delay of 864 days in filing First Appeal is condoned on a condition of paying Rs.5,000/- as cost. The said amount of Rs.5,000/- to be deposited by the applicant with the Gujarat High Court Legal Aid Committee. On depositing the said amount, the delay is condoned and the First Appeal be listed for hearing.

This application is allowed in above terms. Rule is made absolute to the aforesaid extent.

(N.V.ANJARIA, J)

(D. M. DESAI,J) VATSAL